UPDATE: Horne is offered pretrial diversion option

Published: Friday, February 7, 2014 at 4:33 p.m.

Last Modified: Friday, February 7, 2014 at 4:33 p.m.

The story below appears as it was originally published. However, the state has agreed to drop a felony count of failure to report child abuse if former Manatee County School District investigator Debra Horne successfully completes the terms set forth in a pretrial diversion program.

Horne did not agree to a plea deal, as reported below and in Saturday's Herald-Tribune, because she never entered a plea of guilty or no contest in the case.

MANATEE COUNTY -- Former Manatee County School District investigator Debra Horne, who is facing a felony count of not reporting suspected child abuse, has entered into a plea agreement that will see the charge against her dropped in exchange for community service.

Horne will participate in a pretrial diversion program offered by the state, and upon satisfactory completion will have a felony charge against her dismissed and her record expunged, her attorney said Friday.

Horne is one of four school district administrators charged with failure to report child abuse as part of the case involving former Manatee High School assistant football coach and parent liaison Rod Frazier. Frazier is charged with seven misdemeanor counts of battery against former female students and employees at the school.

Horne, who was charged on Aug. 15, will be placed into the program for 18 months but will be eligible for early termination after nine months if her participation is satisfactory to the state.

As part of the agreement Horne signed Thursday, she must complete 75 hours of community service and pay $300 in fees.

The diversion program can be offered to those charged for the first time with specific third-degree felonies or misdemeanors.

A June 16 trial date had been set for Horne.

"It is bittersweet," Derek Byrd, Horne's attorney, said. "On one hand we are happy to have an ultimate dismissal. On the other hand we were eager to have our day in court.

"We had some reservations about accepting the diversion program because we believe she was innocent."

Horne is one of four former school district officials charged with failure to report child abuse in connection with the allegations against Frazier.

Former assistant superintendent Bob Gagnon, and former Manatee High assistant principals Gregg Faller and Matthew Kane also face failure to report charges, as well as providing false information to police.

Trial dates of June 16 have been set for the three and all have pleaded not guilty to the charges.

Prosecutor Dawn Buff said Horne's plea agreement was "a just resolution for the case."

Buff also said that there are no plea deals in the works for Gagnon, Faller and Kane, and that Horne will testify in those trials "if needed."

A quick investigation

A judge has granted Frazier's request for eight separate trials, but dates have not been set. He is also facing three misdemeanor charges of interfering with a student's attendance. Frazier has pleaded not guilty to all the charges.

The 50-year-old Horne, who became the school district's lead investigator in 2005, retired on Nov. 2 after superintendent Rick Mills issued to her a recommendation of termination letter.

Horne conducted a brief one-day investigation at Manatee High on Nov. 15, 2012, into allegations of inappropriate behavior by Frazier.

Horne interviewed seven Manatee High employees that day, and was provided information that was never followed up on, and was given names of potential victims that were never contacted.

Among the information Horne was given was that a teacher walked into Frazier's office while a female student was sitting on his lap eating cake.

After Horne conducted the interviews with the Manatee employees, she met with several administrators in the office of Principal Don Sauer to discuss the investigation.

Present at the meeting were Horne, Sauer, Kane and Faller.

Former staff attorney Scott Martin listened in on speaker phone.

Former school board attorney John Bowen was also made aware of Horne's findings.

According to interviews, school district reports and court documents, Martin and Bowen advised Horne she did not have to call the state-mandated child abuse hotline because they did not hear anything they felt constituted child abuse and no witnesses had come forward.

"I think once it became clear John Bowen and Scott Martin admitted they told Debbie Horne this was not child abuse and she didn't need to report it, the state had a concern about achieving a guilty verdict," Byrd said.

After Mills recommended that Martin be terminated after the district's investigation, Martin resigned from his job on Nov. 2. He has not been charged criminally.

Bowen, who was the district's highest-paid employee until he retired June 30, also has not been charged with any crimes.

Since the other administrators charged were not advised by Martin or Bowen their cases differ from Horne's, Byrd said.

"None of them sat in a room with Bowen and Martin and were told, 'This is not child abuse and you don't have to call abuse hotline,' so their situations are different," Byrd said.

"Her defense was frankly stronger than their defenses and that's my suspicion as to why she was offered pretrial intervention."

Police investigate

In an interview last fall, Bowen told the Herald-Tribune that he did not think anyone should have been charged.

"If you are going to apply the same rationale they applied to Miss Horne, then everyone who knew about this before and after Miss Horne should have been charged and that would include me," Bowen said.

After Horne's brief one-day investigation at Manatee High on Nov. 15, Frazier was taken off of paid administrative leave and returned to school on Nov. 16, in time for Manatee High's football playoff game that night.

According to a district investigative report, Martin said he made the decision for Frazier to return because he felt Frazier was not a threat to students or employees.

According to the report, Gagnon told Horne — through Martin — that Frazier needed to return to school that day or his presence on the sidelines would be missed at the game.

Though Martin and Horne said the investigation remained open — despite the fact Frazier had returned to work — it was not until a letter was given to Sauer on Jan. 9 that further action in the investigation took place.

The letter was written by an ex-student at Manatee who said Frazier groped her, sent her texts, asked her for a nude photo and told her he loved her.

Horne interviewed the girl and her mother a short time after the letter surfaced, but the investigation again stalled.

Horne transferred to Prine Elementary on Jan. 28 and Martin took over the investigation until the Bradenton Police Department began an investigation of its own on Feb. 7, exactly one year ago Friday.

Byrd said it has been a long year for Horne.

"She really wants to put this behind her," Byrd said.

Gagnon, Faller and Kane were suspended without pay in October and the district has recommended that they be terminated. All three have appealed their possible terminations to a state administrative hearing officer. Those hearings are scheduled to take place over the next couple of months.

<p><I>Editor's Note: </p><p>The story below appears as it was originally published. However, the state has agreed to drop a felony count of failure to report child abuse if former Manatee County School District investigator Debra Horne successfully completes the terms set forth in a pretrial diversion program. </p><p>Horne did not agree to a plea deal, as reported below and in Saturday's Herald-Tribune, because she never entered a plea of guilty or no contest in the case. </i></p><p><hr></p><p>MANATEE COUNTY -- Former Manatee County School District investigator Debra Horne, who is facing a felony count of not reporting suspected child abuse, has entered into a plea agreement that will see the charge against her dropped in exchange for community service.</p><p>Horne will participate in a pretrial diversion program offered by the state, and upon satisfactory completion will have a felony charge against her dismissed and her record expunged, her attorney said Friday.</p><p>Horne is one of four school district administrators charged with failure to report child abuse as part of the case involving former Manatee High School assistant football coach and parent liaison Rod Frazier. Frazier is charged with seven misdemeanor counts of battery against former female students and employees at the school.</p><p>Horne, who was charged on Aug. 15, will be placed into the program for 18 months but will be eligible for early termination after nine months if her participation is satisfactory to the state.</p><p>As part of the agreement Horne signed Thursday, she must complete 75 hours of community service and pay $300 in fees.</p><p>The diversion program can be offered to those charged for the first time with specific third-degree felonies or misdemeanors. </p><p>A June 16 trial date had been set for Horne.</p><p>"It is bittersweet," Derek Byrd, Horne's attorney, said. "On one hand we are happy to have an ultimate dismissal. On the other hand we were eager to have our day in court.</p><p>"We had some reservations about accepting the diversion program because we believe she was innocent." </p><p>Horne is one of four former school district officials charged with failure to report child abuse in connection with the allegations against Frazier.</p><p>Former assistant superintendent Bob Gagnon, and former Manatee High assistant principals Gregg Faller and Matthew Kane also face failure to report charges, as well as providing false information to police.</p><p>Trial dates of June 16 have been set for the three and all have pleaded not guilty to the charges. </p><p>Prosecutor Dawn Buff said Horne's plea agreement was "a just resolution for the case."</p><p>Buff also said that there are no plea deals in the works for Gagnon, Faller and Kane, and that Horne will testify in those trials "if needed." </p><p><b>A quick investigation</b></p><p>A judge has granted Frazier's request for eight separate trials, but dates have not been set. He is also facing three misdemeanor charges of interfering with a student's attendance. Frazier has pleaded not guilty to all the charges.</p><p>The 50-year-old Horne, who became the school district's lead investigator in 2005, retired on Nov. 2 after superintendent Rick Mills issued to her a recommendation of termination letter.</p><p>Horne conducted a brief one-day investigation at Manatee High on Nov. 15, 2012, into allegations of inappropriate behavior by Frazier.</p><p>Horne interviewed seven Manatee High employees that day, and was provided information that was never followed up on, and was given names of potential victims that were never contacted.</p><p>Among the information Horne was given was that a teacher walked into Frazier's office while a female student was sitting on his lap eating cake.</p><p>After Horne conducted the interviews with the Manatee employees, she met with several administrators in the office of Principal Don Sauer to discuss the investigation.</p><p>Present at the meeting were Horne, Sauer, Kane and Faller.</p><p>Former staff attorney Scott Martin listened in on speaker phone.</p><p>Former school board attorney John Bowen was also made aware of Horne's findings.</p><p>According to interviews, school district reports and court documents, Martin and Bowen advised Horne she did not have to call the state-mandated child abuse hotline because they did not hear anything they felt constituted child abuse and no witnesses had come forward.</p><p>"I think once it became clear John Bowen and Scott Martin admitted they told Debbie Horne this was not child abuse and she didn't need to report it, the state had a concern about achieving a guilty verdict," Byrd said.</p><p>After Mills recommended that Martin be terminated after the district's investigation, Martin resigned from his job on Nov. 2. He has not been charged criminally.</p><p>Bowen, who was the district's highest-paid employee until he retired June 30, also has not been charged with any crimes.</p><p>Since the other administrators charged were not advised by Martin or Bowen their cases differ from Horne's, Byrd said.</p><p>"None of them sat in a room with Bowen and Martin and were told, 'This is not child abuse and you don't have to call abuse hotline,' so their situations are different," Byrd said.</p><p>"Her defense was frankly stronger than their defenses and that's my suspicion as to why she was offered pretrial intervention."</p><p><b>Police investigate</b></p><p>In an interview last fall, Bowen told the Herald-Tribune that he did not think anyone should have been charged.</p><p>"If you are going to apply the same rationale they applied to Miss Horne, then everyone who knew about this before and after Miss Horne should have been charged and that would include me," Bowen said.</p><p>After Horne's brief one-day investigation at Manatee High on Nov. 15, Frazier was taken off of paid administrative leave and returned to school on Nov. 16, in time for Manatee High's football playoff game that night.</p><p>According to a district investigative report, Martin said he made the decision for Frazier to return because he felt Frazier was not a threat to students or employees.</p><p>According to the report, Gagnon told Horne — through Martin — that Frazier needed to return to school that day or his presence on the sidelines would be missed at the game.</p><p>Though Martin and Horne said the investigation remained open — despite the fact Frazier had returned to work — it was not until a letter was given to Sauer on Jan. 9 that further action in the investigation took place.</p><p>The letter was written by an ex-student at Manatee who said Frazier groped her, sent her texts, asked her for a nude photo and told her he loved her.</p><p>Horne interviewed the girl and her mother a short time after the letter surfaced, but the investigation again stalled.</p><p>Horne transferred to Prine Elementary on Jan. 28 and Martin took over the investigation until the Bradenton Police Department began an investigation of its own on Feb. 7, exactly one year ago Friday.</p><p>Byrd said it has been a long year for Horne.</p><p>"She really wants to put this behind her," Byrd said.</p><p>Gagnon, Faller and Kane were suspended without pay in October and the district has recommended that they be terminated. All three have appealed their possible terminations to a state administrative hearing officer. Those hearings are scheduled to take place over the next couple of months.</p>